GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 

Social Welfare Department – Land Purchase Scheme for House sites for speedy distribution – Guidelines – Issued.

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SOCIAL WELFARE (L.A) DEPARTMENT

 

G.O.Ms.No.92                                                                              Dated: 29-12-2004

                                                                                                      Read the following:-

 

1.      G.O.Ms.No.139, S.W.(L.A.1) Department, dated:28/11/1998.

2.      G.O.Ms.No.36, S.W.(L.A.1) Department, dated:16/6/2003

3.      G.O.Ms.No.122, S.W.(L.A.1) Department, dated:15/12/2003.

4.      From the Commissioner of Social Welfare, Hyderabad Letter No.LA2/9612/2002, dated.24/6/2004.

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ORDER

Since 1960, Government is distributing House Sites to the people belonging to Weaker Sections as a welfare measure and continuing till today. To speed up the progress of the distribution of House Sites, Government launched crash programmes during the years 1995-96 for distribution of 3 lakh House Sites and during 1998-99 for 10.00 lakh House Sites. Between the two Crash programmes, Government reviewed the progress of distribution of House Sites and observed that a comparison of the compensation amounts awarded by the Land Acquisition Officers and the enhanced amounts awarded by the Courts show an average increase of nearly 900% over and above the awards given by the Land Acquisition Officers. It means a colossal financial loss to the Government and decided to avoid such inordinate delays and permitted the District Collectors to acquire the lands under CONSENT AWARDS, in the reference 1st read above. Government launched another Crash Programme, in the reference 2nd read above, for distribution of 10.00 lakh House Sites during 2002- 2004 and reviewed the Programme from time to time.

 

2.         During review of progress of distribution of House Sites under the above Programme, it was observed that there were inordinate delays in acquisition of land due to Court litigations, enhanced compensation is required to be paid to the land owners, and certain other problems, resulting in delay in distribution of House Site pattas. In view of the above, the Government have introduced Land Purchase Scheme for House Sites, vide reference 3rd read above, facilitating the Land Acquisition Officers to purchase land for House Sites without invoking Land Acquisition provisions for a limited period up to 31/3/2004.

 

3.                Since the Land Purchase Scheme is found to be very useful, the Commissioner of Social Welfare, Hyderabad, vide 4th read above, has requested the Government to extend the Land Purchase Scheme introduced in the reference 3rd read above, without any time stipulation, on a permanent basis so as to enable the District Collectors to provide House Site pattas to all eligible applicants with due exemption of Registration Fee, Stamp Duty, Transfer Charges and User charges by Local Bodies.

 

4.            Keeping in view the experience gained in acquisition of lands under Land Acquisition proceedings, and after observing the usefulness of the Land Purchase Scheme for House Sites, and in pursuance of the proposals of the Commissioner of Social Welfare, Hyderabad, contained in the reference 4th read above, Government have decided to Re-introduce the Land Purchase Scheme by the District Collectors for the purpose of distribution of House Sites to people belonging to weaker sections without any time stipulation.

 

 

                                                                                                                            PTO

                                                  

                                                          //2//

 

 

5.            Accordingly, Government hereby empower the District Collectors to purchase lands for distribution of House Sites to weaker sections where the land cost is not exceeding Rs.1.00 lakh (Rupees one lakh) per acre, and as per the guidelines laid down in the Annexure-I to this order.

 

6.         The sale Agreement under Land Purchase Scheme for distribution of House Sites is given in the Annexure – II.

 

7.         The expenditure incurred under the Land Purchase Scheme for House Sites shall be debited to the Land Acquisition Head of Account.

 

8.         All the District Collectors shall take action as per the instructions issued through this order and send monthly progress reports to Government.

           

9.         This order issues with the concurrence of Finance (Expenditure Social Welfare)Department vide their UO No,252/169/ Expenditure Social Welfare /A1/2004, dated29/09/2004.

 

10.       The above order is available on http://www.aponline.gov.in

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

AJOYENDRA PYAL

                                                  PRINCIPAL SECRETARY TO GOVERNMENT

 

 

To

The Commissioner of Social Welfare, Hyderabad.

All the District Collectors in the State.

Copy to :

P.S. to Spl. Secretary to Chief Minister / Minister (Social Welfare)

            Minister(Finance) Minister (Revenue)

P.S. to  Chief Secretary / Spl. Chief Secretary (Revenue)

P.S. to Principal Secretary (Social Welfare / Tribal Welfare).

           Principal  Secretary, (P R &R D Department / MA & UD

P.A. to Joint Secretary. Social Welfare

The Secretary to Chief Commissioner of Land Administration,

       Andhra Pradesh, Hyderabad.

General Administration (Cabinet)/I&PR0 Department.

Revenue(Land Administration/Registration)Department

Finance(F W –Exp .S W/Budget ) Department.

Panchayat Raj (PANCHAYATS) Department.

Law (J) Department.

Sf/sc

 

                                    // FORWARDED BY ORDER //

                                                                       

                                                                                                    SECTION OFFICER

                                                           

 

 

 

 

 

 

 

 

                                 ANNEXURE-1

Guidelines for implementation of Land Purchase Scheme for House Sites.

 

          (Issued vide G.O.Ms.NO.92, Social Welfare (LA.1) Department,

                                   dated. 29/12/2004)

 

 1. A Purchase Committee headed by the Joint Collector as Chairman, the Sub Collector / Revenue Divisional Officer as Members, and the Deputy Director (Social Welfare) as Member-Convener shall inspect the land proposed for purchase and concludes the fitness of the land, prevailing market value, title, and ensure that the land is free from litigation duly certifying to that effect. The list of eligible beneficiaries shall be finalized in the Gram Sabha. 

 

 2. The Scheme of Purchase of Land for house sites is OPTIONAL and is in addition to all the existing procedures/ instructions / guidelines and shall be implemented by the District Collector only when Government land / Ceiling Surplus Land and already acquired land is not available and acquisition process under Land Acquisition Act is felt to be cumbersome.

 

 3. The District Collector shall purchase land only after finalizing the list of beneficiaries and the actual extent of land required.

 

4. The land proposed for purchase shall be in the vicinity of the main village, and shall be plain land with water potential and should be fully fit for construction of houses and shall not be a low lying area.

 

5. The land shall have clear title as well as possession with the land owners.

 

6. The proposed land shall be free from any Court litigation and no suit shall    be pending on the proposed land to be purchased.

 

7. There shall be a clear certificate from the Sub-Collector / Revenue Divisional Officer concerned that the proposed land to be purchased is not an Assigned Land or Ceiling Surplus Land or “D” Patta lands or Government land, and it shall be subject to the provisions of Andhra Pradesh Assigned Lands (Prohibition on Transfer) Act.

 

8. There shall be a certificate from the Sub-Collector / Revenue Divisional Officer concerned that the proposed land to be purchased does not attract the provisions of the Andhra Pradesh Urban Land Ceiling Act as well as Andhra Pradesh Ceiling Agricultural Land Holdings Act etc.

 

9. The Land Purchase Committee shall obtain Encumbrance Certificate for a minimum period of 13 years from the Sub-Registrar of Registration Department for the proposed land to be purchased.

 

10. The details of link documents connected with the land proposed   for purchase shall be obtained from the land owners.

 

11.The land value shall be fixed by the District Collector on the recommendations of the Purchase Committee, and the Value per acre shall not exceed Rupees one lakh per acre.

 

                                                                                                P.T.O

 

 

 

 

 

//2//

 

 

 

12.The District Collector shall enter into an Agreement with the landowner in the Format given in ANNEXURE-II on conclusion of negotiations over the land value.

 

13.The District Collector shall ensure that the unit of land purchased is registered in the name of the Government represented by the Deputy Director (Social Welfare) and pattas shall be issued in the name of women beneficiaries after demarcation of the site.

 

14.The cost of land shall be paid to the land owners in the Bank Account of the landowner in the form of Account Payee cheque only and it shall not be paid in cash.

 

15.In respect of lands purchased under this scheme, there shall be exemption from payment of Stamp Duty, Registration Fees, Transfer Duty, and User Charges by Local Bodies.

 

16.The Revenue authorities shall ensure that the list of assignees, which were already finalized, shall be considered on priority for assignment of house sites before any new beneficiaries are considered.

 

17.The lands which are purchased for assignment, a lay out shall be prepared and get it approved by the appropriate Revenue and Town Planning authorities. De-marcation of plots shall also be done, including plantation of stones for each plot, before possession is given to the Women beneficiaries. A copy of the lay out duly de-marking plot number shall be enclosed along with the patta.

 

18.The land left for common facilities and roads shall be handed over to the Local Bodies for proper development and maintenance.

 

19. The District Collector shall publish the list of beneficiaries village wise in the District Gazette in English and Telugu and affix the same in the Gram Panchayat Office.

 

20.The District Collector shall restrict the Land Purchase Scheme within the allotted budget to the District.

 

21.In cases where negotiations can be held with the land owners and the lands could be purchased without having to invoke the provisions of Land Acquisition Act, the proceedings already initiated under Land Acquisition that are presently at Preliminary, Draft Notification, and Draft Declaration stages, but possession of land has not yet been taken, can be withdrawn from Land Acquisition proceedings by the District Collector by invoking relevant provisions of the Land Acquisition Act.

 

           22.In respect of cases, which are in Preliminary Valuation and Award stages, action shall be continued only as per the provisions of the Land Acquisition Act, and such lands cannot be considered for purchase under the new scheme.

 

          23.The amount released by Government shall not be kept in any of the     Bank account and shall be kept in Revenue Deposits only.

 

                           AJOYENDRA PYAL,

                     PRINCIPAL SECRETRY TO GOVERNMENT

 

 

 

                                                                                                SECTION OFFICER

 

 

 

 

ANNEXURE-II

 

Issued vide G.O.Ms.No.92, Social Welfare (L.A.1) Department, dated.29 /12/2004

 

SALE AGREEMENT

 

AGREEMENT TO BE EXECUTED BY THE INTERESTEDPERSON BEFORE THE COMMITTEE UNDER Rs.20/- NON-JUDICIAL STAMP PAPER

 

 

                        I/We. Sri/Smt/Kum ----------------------------------------------------------------------------S/o, W/o, D/o ---------------------------------------------------------------------------------------------Owner/Owners of the land in Sy.No.--------------------------------------in----------------------------Village-----------------------Mandal-----------------------District-----------------------------hereby agree for purchase of my/our land by the District Collector for the purpose of House Sites.

 

I/We, solemnly affirm that I/We am/are the absolute owner/owners of the land mentioned and the land is not encumbered. The compensation payable for this land may be paid to me/may be paid to---------------------------

 

I/We am/are agreeable to the payment of compensation at the rate of ----------------------------per acre which was offered by the Collector/Committee. I/We am/are agreeable to accept Rs.-----------------------------------(Rupees---------------------------------------------------------------------only) being that total compensation payable towards my/our share as per the package deal arrived at through settlement by the Committee.

 

I/We hereby declare that I/We will not claims for payment of higher compensation in any Court of law or in any other forum and I shall abide by the Selection Committee proceedings.

 

DISTRICT COLLECTOR                                                SIGNATURE & DATE OF       

                                                                                         INTERESTED PERSON